Legal Question in Business Law in California

I am a customer of https://www.clickatell.com. I paid in advance for their services and got a specific number of credits available in my account. For two weeks, the text messages sent using their platform did not reach our recipients. I contacted the Clickatell support department and they confirmed it was an issue with the upstream carrier and said that their supplier has made a routing change to restore delivery.

Issue seems fixed, but considering I did not benefit of the services I paid in advance for, I requested a refund (credits, not cash).

Clickatell said i should check: https://www.clickatell.com/about-us/terms/gener...

Is this legal in California? I acted in good faith, paid upfront and did not benefit of what they promise. Is there a way to get those lost credits?


Asked on 2/09/15, 4:24 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

Is what legal exactly? Your relationship is governed by the agreement you assented to and your narrative is not clear. What I am reading is that there was a problem and the provider fixed the issue. I agree that you should not be out of pocket anything, but you also have to understand that things happen. If the contact states that in such cases the provider will offer the remedy that they did, then I see no cause of action here, but I have no facts here.

If what you are saying is that you lost value here and they are not respecting that or attempting to make you whole, then perhaps you have a claim. Whether it is one that is worth getting a lawyer or the courts involved is another question and will depend.

I would discuss the specific facts of the case over with counsel in private.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 2/09/15, 7:14 am


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